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(영문) 수원지방법원여주지원 2017.12.13 2016가단8390
부당이득금반환
Text

1. The Plaintiff:

A. Defendant C is 5% per annum from October 25, 2016 to December 13, 2017; and

Reasons

1. Basic facts

A. On around 1999, the Plaintiff sold the Fwon site in Echeon-si and sold the shares of 23 square meters (76 square meters) among the roads of this case by each site.

Accordingly, from around 2003 to 2008, the Plaintiff completed the registration of ownership transfer for each of the instant roads to G, H, I, J, K, L, M, etc. with respect to each of the instant 76/1142 shares due to each sale.

B. On September 8, 1999, the Plaintiff sold to N a building of 556 square meters O-si and above ground (hereinafter referred to as a lot number) and completed the registration of ownership transfer on October 1, 1999 with respect to the above land and building.

N on December 16, 2015, the registration of ownership transfer was completed on the ground of sale in Defendant B with respect to the above O's land and above-ground buildings.

C. Defendant C purchased Q 560 square meters and above-ground buildings from P (the Plaintiff’s wife) on April 23, 2001, and completed the registration of ownership transfer on April 26, 2001.

Defendant D purchased from R on February 27, 2016 a 623m2 and above-ground buildings and the same year.

30. The registration of ownership transfer is completed with respect to each of the above real estates.

E. Each land owned by the Defendants is adjacent to the instant road.

(See Attached 1 intellectual outline). (f) The shares owned by the plaintiff among the roads in this case are currently 267/571.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 8, 9, Eul evidence No. 1 (including branch numbers), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion 1 of the parties is that Defendant B uses the instant road without any authority without purchasing the instant road from the Plaintiff. As such, the Plaintiff’s allegation is unjust enrichment of KRW 462,216, which is the following day from December 17, 2015 to December 31, 2016, from the date following the completion of the registration of ownership transfer concerning O land owned by Defendant B, and the date of occupation of the said Defendant from January 1, 2017 to the date of expiration of the registration of ownership transfer.

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